Uber Pro Moroccan Terms and Conditions

Key Principles

• Uber Pro Program (“Uber Pro”) is a loyalty program, designed to enhance a Driver’s experience of using the Uber app.
• These terms and conditions (“Terms”) set out Uber Pro as provided by Uber B.V or any other affiliated company (“Uber” or “we”).
• Drivers who participate in Uber Pro can access Rewards (defined below), according to their Uber Pro tier status.
• To facilitate Uber Pro and the Rewards we will process and share certain personal data, such as contact details, in accordance with our Privacy Policy.
• Uber Pro is made available at Uber’s discretion and Uber may change or cancel Uber Pro at any time.
• You may opt-out of Uber Pro at any time by letting us know in the way set out below.
• Drivers who decide to opt-out are free to continue to use the Uber app as they choose - including deciding if, when and where to drive, as well as choosing whether to accept, decline or ignore trip requests when logged on.
• You continue to be subject to the Driver Terms (“Driver Terms”), Community Guidelines (“Community Guidelines”) and Uber’s Privacy Policy when using the Uber app.

PART 1 - TERMS

Uber Pro Eligibility

All active Drivers who use the Uber app will be eligible to participate in Uber Pro, unless you have chosen to opt-out. Eligibility for specific Tiers (defined below) and the corresponding Rewards are based on the way you choose to use the Uber app. Additional information and details about eligibility requirements for each Tier and Rewards can be found below and on the “How Uber Pro Works” section of the Uber app.

How is your Uber Pro tier determined?

Uber Pro offers various membership tiers (“Tier(s)”). The different Tiers unlock access to certain rewards offered by Uber and/or third parties (“Rewards”). Drivers may earn points to access the different Tiers and Rewards offered in each Tier (“Points”).

There are four (4) Tiers available to Drivers - Blue, Gold, Platinum and Diamond. You will unlock a new Tier if you achieve the applicable Tier requirements (as set out in the “How Uber Pro Works section of the Uber app) in a Program Period (defined below). Tier requirements are composed of Points, driver rating, and cancellation rate. Uber reserves the right to add or remove requirements for each Tier from time to time. You will find the applicable and updated Tier requirements on the “How Uber Pro Works” section of the Uber app.

As soon as you earn the number of required Points for a Tier and meet the applicable requirements, you will automatically be moved to the applicable Tier. You will earn Points in the following fixed three (3) month periods, (i) 1 October - 31 December; (ii) 1 January - 31 March, (iii) 1 April - 30 June; and (iv) 1 July - 30 September, each a “Program Period”. Your Points will not carry over into the next Program Period and your Points balance will be reset to zero at the end of each Program Period.

If you are moved to the next Tier during any Program Period, you will hold that Tier for the remainder of the applicable Program Period and for the duration of the next Program Period provided you continue to meet the Quality Standards (defined below) for that Tier.

Maintaining your Tier - Quality Standards

In order to maintain your Gold, Platinum or Diamond Tier status during the entire applicable Program Period, you must maintain, at all times, the driver rating and cancellation rate that are applicable to the Tier as informed in the “How Uber Pro Works” section of the Uber app (collectively the “Quality Standards”). Your Driver cancellation rate will be calculated based on the previous 30 days from your last completed trip. Your driver rating is calculated over the last 500 rated trips you have completed, or if you have not completed 500 trips the total amount of rated trips you have completed.

If you do not meet the Quality Standards during the Program Period you will: (i) lose your current Tier status and access to the corresponding Rewards; and; (ii) be moved to the Tier for which you meet the Quality Standards. Uber will send you a notification if you are at risk of losing your Tier status.

Once you achieve a Tier level, some but not all Rewards may be available for you to access immediately (please see Part 2 - Individual Rewards for further information). You may be required to exit the Uber app, go offline and come back online in order to access the specific Rewards.

How to earn Points?

You will earn one (1) Point for every trip you complete as a Driver. You will earn additional Point(s) when you complete a trip during certain times (“Additional Point Hours”). More details can be found on the “How Uber Pro Works” section of the Uber app.

Points will be added to your Uber Pro account in the Program Period during which Uber processes the applicable Points (which may be a different Program Period to when those Points were earned). No Points will be earned where you use any services provided by Uber as a rider or eater. Points earned in connection with Uber Pro have no monetary value and may not be exchanged for cash. Uber may revoke Points or adjust your Points balance where, in Uber’s sole discretion, Uber believes that such Points were obtained under or in connection with any fraud, misuse of the Uber app or in breach of your Driver Terms, the Community Guidelines and/or these Terms.

Uber Pro Account and Points Balances

You will be provided with an Uber Pro account, which will be linked to your Driver account and will be accessible via the Uber app (“Uber Pro Account”). Your Uber Pro Account and the associated benefits are personal to you and cannot be shared. You will be able to view your Points balances, Tier and Rewards via your Uber Pro Account. Points earned will usually be shown in your Uber Pro Account straight after your trip. If there are any issues with the transactions posted to your Uber Pro Account you will need to report it within one (1) month after you discover the issue by contacting Uber (see “Contact Us” section). Uber will have sole discretion in decisions relating to the credit of Points to your Uber Pro Account and will act reasonably in doing so. Uber will use reasonable efforts to ensure Points balances are accurate, however, there may be a delay in displaying Points in your Uber Pro Account where there is a system outage or other technical issues. Your Points will not carry over into the next Program Period and your Points balance will be reset to zero at the end of each Program Period.

Opting Out

Uber Pro is designed to enhance your experience of the Uber app. If you don’t want to participate, you may opt-out at any time and for any reason. To opt-out of Uber Pro, you will need to contact Uber Support and make this request. You can contact Uber Support via the “Help” section of the Uber app, or at https://help.uber.com/. Please allow up to 7 days for your opt-out request to be processed. After your opt-out request has been processed (i) your Uber Pro Account will be closed and (ii) you will not be able to access any Rewards. You can opt back into Uber Pro at any time by contacting us at https://help.uber.com/.

Changes to Uber Pro

Uber Pro is an exciting reward program. We want it to work and enhance your experience of the Uber app. However, it is not guaranteed, and we may need or choose to vary it from time to time or cancel it. We will update you of any key changes to Uber Pro. You agree that any changes to the Tier requirements, the Quality Standards, the Additional Point Hours will be implemented and displayed on the “How Uber Pro Works” section of the Uber app. Uber will provide you with fifteen (15) days notice in the event of changes to the Tier requirements, the Quality Standards, or the Additional Point Hours. You agree that your continued participation in Uber Pro or access to or use of your Uber Pro Account shall be deemed your acknowledgement of any modifications to these Terms. If you do not agree to any changes to these Terms you may opt-out of Uber Pro in accordance with the “Opt Out” section above. If Uber has to cancel Uber Pro, no Points will be earned after the cancellation date, and all Uber Pro memberships and Rewards will be terminated, in accordance with the terms of each Reward agreed to by the third party Reward provider and the Driver, as the case may be.

Closure of your Uber Pro Account

Uber may close your Uber Pro Account in the case of fraud, misuse of the Uber app or breach of your Driver Terms, the Community Guidelines and/or these Terms. If your Driver account is permanently deactivated your Uber Pro Account will also be closed. If your Uber Pro Account is closed, you will no longer be a part of Uber Pro and all Points earned during the relevant Program Period will be forfeited, as well as all Uber Pro memberships and Rewards terminated. However, this will not affect any Rewards you have redeemed prior to closure.

Rewards

All Rewards are granted at the discretion of Uber and may change or be cancelled at any time. Rewards are not redeemable for Points and have no cash value. Reward details, terms and limitations are set out in Part 2 of these Terms. Rewards provided by third parties may require additional action by you, including agreeing to additional terms or creating an account with such third party. Drivers are responsible for all taxes that may be owed in the receipt of Rewards. Uber is not responsible, and disclaims all liability for the products or services offered by third parties in connection with Uber Pro. To ensure the success of Uber Pro, Uber may collect information on such third party Rewards-based transactions for information and reporting purposes, in each case pursuant to the terms agreed to by the third party Reward provider and the Driver.

Personal Data

To facilitate your participation in Uber Pro, Uber will process certain personal data, such as cancellation rate, star rating average and the amount of trips you have chosen to complete, to calculate the applicable Tier status. If you elect to activate a Reward offered by a third party Rewards provider, Uber will share your name and contact details to improve the sign up process and confirm the applicable Tier status. The third party Rewards provider may collect additional data during their sign up process, and independently inform you thereof. The third party Rewards provider will act as a data controller for your personal data it receives from Uber on your behalf and that it collects to provide you with the Rewards. We encourage you to read their privacy policy. Uber will be the data controller for the personal data it processes to calculate your Tier status and send you updates of your Tier status and Rewards. For more information, and to learn about your privacy rights, please read our Privacy Policy.

Dispute Resolution and Governing Law

Dispute Resolution Process. In the event of any dispute arising out or in connection with these Terms, the parties agree in the first instance to discuss and consider referring the dispute to mediation in accordance with the Center of Effective Dispute Resolution (“CEDR”) Model Mediation Procedure (or such other procedure as may be agreed). If the other party does not agree to mediation, Uber may, in its sole discretion, refer the dispute to mediation at its own cost. Neither party may commence any court proceedings in relation to any dispute arising out of these Terms until (1) the parties have agreed in writing not to mediate or (2) at least 28 days have passed since written notice of the dispute is given by either party, provided that the right to issue proceedings is not prejudiced by a delay.

Governing Law and Jurisdiction. These Terms shall be exclusively governed by and construed in accordance with the laws of the Netherlands. Each party irrevocably agrees that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Disclaimer

Uber Pro and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of Uber's control. We are not responsible for any unavailability, interruptions or errors of Uber Pro, its features or any Rewards. Uber Pro and all the information accessible through it are provided for informational purposes only on an "as is" and "as available" basis. We, our affiliated entities and third party Rewards providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including, but not limited to, accuracy, currency, or completeness, the operation of Uber Pro, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Nothing in these Terms is intended to exclude liability for fraud or fraudulent misrepresentations or any other representations which cannot be excluded by law.

Limitation of Liability

We are not liable under or in relation to these Terms for any of the following (including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise): loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss. Nothing in these Terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission of you or any rider or third party.

Contact Us

If you have questions or comments regarding Uber Pro you may contact us at https://help.uber.com/.

PART 2 - INDIVIDUAL REWARDS

Information about current offers available through the Uber Pro program, provided by participating third-party partners or Uber, can be found on this page. Please note that offers from external participating partners, including but not limited to the qualifications for accessing the Rewards, as well as the identities of the partners themselves, are subject to change at any time at Uber’s discretion.